
For the past few months, crimes committed in the country have become too brutal and violent. Topping the list are heinous crimes such as rape and murder of children.
Based on data from the Philippine National Police (PNP) and the Women's Crisis and Child Protection Center (WCCPC), one child is raped every two hours and 30 minutes in 2011. Based on Center for Women’s Resources (CWR) data, the youngest victim of rape is three years old while majority or 54 percent of the victims are within the ages of 11 to 20 years old.
Only last January 2013, 9-year-old Zosimae Magluyan who went missing on Christmas Day was found dead in Dasmariñas City in Cavite province. She was tightly handcuffed and wrapped with mud all over her body. Preliminary report said that Zosimae was brought into a vacant house, tied down and treated as a sex slave for 12 days by four men, one of them a minor. All suspects have been taken into custody.
The number of reported incest sexual abuses also increased from 514 in 1996 to 1,681 in 2000 (DSWD). The prolonged separation from their wives or absence of mothers in the home has been used as a poor excuse by some fathers to justify their horrific sexual behavior on their daughters.
I, personally, would tend to classify crimes against children as heinous for being grievous, odious and hateful offense. Crimes against children wicked, vicious, perverse and are repugnant to the common standards and norms of decency and morality in a just and civilized society. And I invite anybody who think otherwise to post their reasons here for believing that crimes against children should be treated just like any ordinary crime against an adult.
Because of its nature, crimes against children should be given the maximum sentence and appropriate punishment – death. This is supported by the Retribution theory, which states that, the only punishment that is appropriate for the crime of murder is the death of the murderer. As Immanuel Kant (1724-1804), one of the most influential philosophers in the history of Western philosophy, puts it, "Whoever has committed a murder must die."
Anti-death advocates will argue that "Death for the Guilty" seriously endangers the life of victims because it encourages criminals to kill in order to eliminate the evidence. Also, empirical evidence shows that death does not reduce the incidence of crime. However, references in other countries, say otherwise.
A just society requires the death penalty for the taking of a life. When someone takes a life, the balance of justice is disturbed. Unless that balance is restored, society succumbs to a rule of violence. Only the taking of the murderer's life restores the balance and allows society to show convincingly that murder is an intolerable crime which will be punished in kind.
Retribution has its basis in religious values, which have historically maintained that it is proper to take an "eye for an eye" and a life for a life.
Although the victim and the victim's family cannot be restored to the status which preceded the murder, at least an execution brings closure to the murderer's crime (and closure to the ordeal for the victim's family) and ensures that the murderer will create no more victims.
The death penalty prevents future murders. Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life.
For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies.
Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty.
Executing the innocent is a rare but acceptable risk of the death penalty. There is no proof that any innocent person has actually been executed since increased safeguards and appeals were added to the Philippine death penalty system when it was adopted in 1996. Even if such executions have occurred, they are very rare. Imprisoning innocent people is also wrong, but we cannot empty the prisons because of that minimal risk. If improvements are needed in the system of representation, or in the use of scientific evidence such as DNA testing, then those reforms should be instituted.
However, the need for reform is not a reason to abolish the death penalty. Besides, many of the claims of innocence by those who have been released from death row are actually based on legal technicalities. Just because someone's conviction is overturned years later and the prosecutor decides not to retry him, does not mean he is actually innocent.
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